These terms and conditions (the “Terms”) apply to the use of Youth Sport Trust’s (“YST”) Well Schools Forum (the “Forum”) and apply to all users of the Forum (the “Users”).

1.0 INTRODUCTION

1.1 By accessing any part of the Forum, you shall be deemed to have accepted these Terms in full. If you do not accept these Terms in full, you must leave the Forum immediately.

1.2 When using the Forum, you may be subject to any additional posted guidelines or rules including (but not limited to), the Forum ‘Site Rules’ or any further guidance posted on the Forum from time to time by YST relating to a specific activity or feature (together the “Guidelines”). All such Guidelines are incorporated by reference into these Terms.

1.3 Youth Sport Trust (“YST”) reserves the right to revise these Terms (including the Guidelines) at any time by updating them. You should check the Forum from time to time to review the current Terms, because they are binding on you.

2.0 OWNERSHIP

2.1 You acknowledge that the Forum is owned and operated by YST.

2.2 Users shall retain all intellectual property rights (assuming they are the owner of the content) in the text, messages, chat, files, images, photos, video, sounds, musical works, works of authorship or any other materials that they post or transmit to the Forum (the “User-Generated Content”). Any User-Generated Content you post or transmit to the Forum shall be considered non-confidential.

2.3 By submitting User-Generated Content to the Forum, You hereby grant:
2.3.1 Youth Sport Trust a royalty-free, perpetual, irrevocable, non-exclusive licence to display, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed; and
2.3.2 to all other Users a royalty-free, perpetual, irrevocable, non-exclusive licence to reproduce, modify or use your User-Generated Content solely for non-commercial purposes.

2.4 You shall not pass off or attempt to pass off any User-Generated Content as your own, where this is not the case and you may not remove any marks showing proprietary ownership from materials you download from the Forum. To do so would constitute an infringement of copyright and moral rights, which would automatically give rights to the owner of such Rights to a legal action against You.

2.5 If You believe that the content of the Forum in any way infringes Intellectual Property Rights belonging to You or any third party, please contact Us immediately.

2.6 You acknowledge and agree that the Forum and any necessary software used in connection with the Forum ("Software ") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in information presented to you through the Forum is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Forum Content or the Software, in whole or in part.

3.0 USER-GENERATED CONTENT AND CONDUCT

3.1 Any use of the User-Generated Content by Users other than for non-commercial use is strictly prohibited.

3.2 You are prohibited from posting or transmitting to or from the Forum any material:
3.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
3.2.2 for which you have not obtained all necessary licences and/or approvals;
3.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
3.2.4 which is technically harmful (including (but not limited to) computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data.
(together “Inappropriate User-Generated Content”)

3.3 YST shall fully co-operate with any law enforcement authorities or court order requesting or directing YST to disclose or identify or locate anyone posting any Inappropriate User-Generated Content.

3.4 YST accepts no responsibility for actively monitoring the Forum for Inappropriate User-Generated Content. You agree that YST accept no liability whatsoever if YST so chooses from time to time to edit, restrict or remove Inappropriate User-Generated Content.

4.0 PROHIBITED USE OF THE FORUM

4.1 No part of the Forum may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without YST’s prior written consent.

4.2 You agree that you will not:
4.2.1 use the Forum for any purpose that is unlawful or prohibited by these Terms;
4.2.2 use the Forum in such a manner as would, in the sole discretion of YST, cause harm to the Forum or other Users or otherwise interfere with the enjoyment of the Forum;
4.2.3 harass, abuse, bully, threaten or defraud another User;
4.2.4 use any web crawler, robot, spider, scraper or other automated means to access or monitor the Forum for any purpose;
4.2.5 attempt to gain authorised access to the Forum through hacking, password mining or any other means of circumventing the security or access restrictions;
4.2.6 strain the infrastructure of the Forum with an unreasonable volume of requests, or requests designed to impose an unreasonable load on systems underlying the Forum; or
4.2.7 interfere or attempt to interfere with the proper working of the Forum.

4.3 Further guidelines are set out in the Forum ‘Site Rules’.

5.0 LINKS TO AND FROM OTHER WEBSITES

5.1 Links to third party websites on the Forum are provided solely for your convenience. If you use these links, you leave the Forum. YST has not reviewed all of these third-party websites and does not control and is not responsible for these websites or their content or availability. YST therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Forum you do so entirely at your own risk.

6.0 REGISTRATION AND PERSONAL DATA

6.1 Access to the Forum is provided to anyone who is part of the YST Well Schools movement.

6.2 To create an account, you must provide some information about yourself, including a valid e-mail address. If you create an account, you agree to keep that address up to date.

6.3 All personal data will be processed in accordance with the Forum’s Privacy Notice.

6.4 You may update your details or close your account at any time by e-mailing [email protected].

6.5 YST does not permit you to share your username and password with any other person nor with multiple users on a network - responsibility for the security of your password(s) rests with you.

6.6 You agree to be responsible for all action taken using your account, whether authorised by you or not, until you either close your account or notify YST that your account has been compromised. You agree to notify YST immediately if you suspect your account has been compromised.

6.7 YST may restrict, suspend, or close your account on the Forum according to its policy for handling copyright-related takedown requests, or if YST reasonably believes that you’ve broken any rule in these Terms.

7.0 SERVICE ACCESS AND MODIFICATIONS

7.1 While YST endeavours to ensure that the Forum is normally available 24 hours a day, YST shall not be liable if for any reason the Forum is unavailable at any time or for any period.

7.2 Access to the Forum may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond YST’s control.

7.3 We reserve the right at any time and from time to time to modify or discontinue the Forum. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Forum.

8.0 LIABILITY

8.1 YST, and its officers, directors, employees, or agents exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party, including, but not limited to, any:
8.1.1 direct, indirect, incidental, consequential losses or damages;
8.1.2 loss of profits and/or damage to goodwill;
8.1.3 use or inability to use the Forum;
8.1.4 loss of and/or corruption of data or other intangible loss;
8.1.5 transmission of virus and/or any other harmful code;
8.1.6 damages, loss of data due to the network provider failure;
8.1.7 damage to your computer, loss of data resulting from any websites linked to the Forum, the material on such websites, or the download of any User-Generated Content from the Forum, be it from the result of software viruses, mail bombs, Trojan horses or any other computer code, files or programs designed to interrupt, damage, corrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; and
8.1.8 conduct of any third party.

8.2 Our total liability to You in relation to any one claim shall not exceed £50.

8.3 Nothing in these Terms shall exclude or limit YST’s liability for:
8.3.1 death or personal injury caused by negligence;
8.3.2 fraud;
8.3.3 misrepresentation as to a fundamental matter; or
8.3.4 any liability which cannot be excluded or limited under applicable law.

8.4 If your use of material on the Forum (including the User-Generated Content) results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

8.5 You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, costs, claims, fees or damages of whatsoever nature, made by any third party due to or arising out of content you submit, post or transmit through the Forum, your use of the Forum, your connection to the Forum, your violation of the Terms, of your violation of any rights of another.

9.0 DISCLAIMER

9.1 We shall use Our reasonable endeavours to ensure the security of the Forum. We shall have no liability where the security of the Forum is breached due to acts and/or omissions by You and/or where We have taken all reasonable steps to protect the security and integrity of the Forum.

9.2 We shall use Our reasonable endeavours to monitor the material on the Forum and to ensure that any material that is immoral, unlawful, threatening, abusive, defamatory, obscene, vulgar, profane and/or causes offence is removed from the Forum upon receipt of notice of any such material.

9.3 Any postings on the Forum contain the questions, views, opinions and/or advice of You and are not Ours.

9.4 The use of the Forum is at your sole discretion and risk. The Forum and material on the Forum (including the User-Generated Content) is provided on an “as is” and “as available” basis. We expressly disclaim all warranties, conditions of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory description and quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property rights.

9.5 We make no warranties that:
9.5.1 the Forum will be uninterrupted, secure, or error-free;
9.5.2 any errors in the software will be corrected;

9.6 YST does not warrant the accuracy and completeness of the material on the Forum (including the User-Generated Content). YST may make changes to the material on the Forum (including User-Generated Content), at any time without notice. The material on the Forum may be out of date, and YST makes no commitment to update such material.

10.0 TERMINATION

10.1 We may terminate your access to the Forum immediately if You at any time:
10.1.1 breach the Terms; and/or
10.1.2 are suspected and/or found to be guilty of plagiarism or infringement of copyright in relation to any material provided by Us to You.

11.0 GOVERNING LAW AND JURISDICTION

11.1 These Terms shall be governed by and construed in accordance with English Law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.

Version 1
August 2020